Chad Frantz, contractor excavator operator, age 24, was fatally
injured at approximately 9:50 a.m., on October 29, 1996, when the
excavator he was operating slipped off the narrow roadway into
the settling pond. The victim had a total of 2 years, 3 months
mining experience, all with this contracting company. He had
received training in accordance with 30CFR, Part 48.

Bonnie Connelly, safety supervisor, Holnam, Inc., notified the
MSHA Columbia, South Carolina, field office of the accident at
10:10 a.m. on October 29, 1996. An investigation was started the
same day.

The Holly Quarry & Mill Santee Cement Company, a limestone quarry
and cement producing operation, owned and operated by Holnam,
Inc., was located along Highway 453 in Holly Hill, Orangeburg
County, South Carolina. The principal operating official was
William A. Patterson, plant manager. The quarry normally
operated two, 8 hour shifts a day, 5 days a week, while the mill
operated three, 8 hour shifts a day, 7 days a week. One hundred
and sixty-six persons were employed at this operation.

The victim was employed by Dorchester Dirt Pit & Co., an
independent contractor, located at 1949 Gardner Blvd., Holly
Hill, Orangeburg County, South Carolina. The principal operating
official was Nell Muckenfuss, president. Eight persons were
employed by the contractor at this operation for the primary
purpose of removing overburden, and conducting other various
activities required by the mining company.

The limestone was ripped with bulldozers, transported to the
primary crusher where it was crushed and then conveyed to the
main plant where cement was produced. The finished product was
stored in silos, and then moved by conveyor system to the
shipping area for delivery by rail and truck.

The last regular inspection of this operation was completed
August 15, 1996. Another regular inspection was conducted at the
conclusion of this investigation.

PHYSICAL FACTORS INVOLVED

The settling pond where the accident occurred was 250 feet long,
150 feet wide at the discharge end, and 83 feet wide at the inlet
end. The actual depth of the pond could not be determined. It
was necessary to periodically remove the silt from the pond. In
order to accomplish this, a roadway, approximately 140 feet long
and 16 feet wide, was established about the middle of the pond
and extended parallel to the pond's outer roadway towards the
inlet end. This roadway was below the water's surface, but
enabled the excavator and trucks to enter the area in order to
remove the material. One side of the roadway opened to the
settling pond, the other side had a 5 foot bank, which was the
berm around the perimeter of the settling pond. The outer edge
towards the pond was not provided with an adequate berm. When
the pond was full, the roadway was under water and on the day of
the accident, the roadway was covered in 6 to 12 inches of silt
and water, making it impossible to be seen by the equipment
operators. Truck drivers backed the trucks down the roadway by
using the 5 foot bank as a guide in order to stay on the
submerged roadway. The excavator was positioned close to the
edge of the drop off in order to clear the bank with the rear
counterweight when the machine was swung around.

The excavator involved in the accident was a track-mounted, 1987
Komatsu PC300LC3, powered by a 197 horsepower diesel engine. The
overall length of the excavator was 35 feet, 4 inches and the
width of the tracks was 11 feet, 3 inches. The overall working
weight of the machine was 33.5 tons, with a maximum digging depth
of 24 foot. The bucket capacity was 35.3 cubic feet. The
excavator received extensive damage while being removed from the
settling pond and could not be tested to check for any defects.
Past inspection reports for the excavator were checked and did
not show any mechanical or safety problems.

DESCRIPTION OF ACCIDENT

On the day of the accident, Chad Frantz (victim) reported to work
at 7:00 a.m. his normal starting time. He along with four co-workers were assigned the task of cleaning the settling pond by
Rodney Burbage, plant supervisor. Normal practice for cleaning
the settling pond was to drive the excavator onto the narrow
submerged roadway and scoop the silt and sludge from the pond
into the haul trucks that backed onto this roadway. Frantz
operated the excavator, while Brock Byrd and Mike Dickson drove
two of the haul trucks. Work continued without incident until
about 9:50 a.m. By this time the excavator and trucks had
cleaned the settling pond for approximately 124 feet along the
roadway.

Byrd's truck was loaded and as he was driving away from the
excavator he glanced in his rear view mirror and saw the victim
turning the excavator to get another scoop of material. Dickson
waited until Byrd cleared the roadway then began to back his
truck onto the roadway. When he looked in his rear view mirror
and did not see the excavator he stopped his truck, got out and
ran back to where the excavator had been. The excavator was on
its side in the settling pond with only about one foot of one
track and part of the boom above water level. Dickson got back
in his truck and drove to the top of the hill where Burbage was
operating a front-end loader and informed him of the accident.

Burbage, Dickson and several employees went to the site of the
accident. Since the excavator was close to the road, the men
were able to climb onto the machine and attach chains and cables,
then with the help of a bulldozer, raise it enough to break the
windshield on the operator's cab and remove the victim. Frantz
had been trapped in the excavator for about 50 minutes.

Apparently, after loading Byrd's truck, Frantz attempted to
reposition the excavator. He swung the boom in the direction of
travel, positioning the operator's cab over the settling pond.
As he attempted to tram the excavator, it slipped off the roadway
into the settling pond, trapping the victim.

After the victim was removed from the operator's cab, he was
taken by ambulance to the Orangeburg Regional Hospital where he
was pronounced dead by the County Coroner. Death was attributed
to asphyxiation.

CONCLUSION

The direct cause of the accident was the inability of the
excavator operator to see the narrow roadway he was operating on
because of the 6 to 12 inches of water and silt that covered the
roadway. A contributing factor was the absence of a berm along
the entire outside edge of the roadway.

VIOLATIONS

Holnam Inc.

Citation No. 3606218

Issued on November 13, 1996, under the
provisions of Section 104(a) of the Mine Act for a violation of
30 CFR 56.9313.

On October 29, 1996 at 9:50 a.m. a contractor employee
was fatally injured when the excavator he was operating
slipped into the settling pond that was being cleaned.
The roadway from which the excavator was operating
varied in width from 13 to 16 feet. The width of the
excavator tracks was 11 feet 3 inches. The roadway that
was used by the excavator and haulage trucks was
covered with 6 to 12 inches of murky water and debris
obstructing the view of the roadbed. Cleaning the pond
from this narrow roadway has been the general practice
in the past.

This citation was terminated on November 13, 1996. The
practice of cleaning the settling pond in this manner
has been discontinued. A dragline operating from
outside the settling pond will be used.

Dorchester Dirt Pit & Co.

Citation No. 4529261

Issued on November 13, 1996 under the
provisions of Section 104(d)(1) of the Mine Act for a violation
of 30 CFR 56.9313.

On October 29, 1996 at 9:50 a.m. an employee was
fatally injured when the excavator he was operating
slipped into the settling pond that was being cleaned.
The roadway from which the excavator was operating
varied in width from 13 to 16 feet. The width of the
excavator tracks was 11 feet 3 inches. The roadway that
was used by the excavator and haulage trucks was
covered with 6 to 12 inches of murky water and debris
obstructing the view of the roadbed. Cleaning the pond
from this narrow roadway has been the general practice
in the past.

This citation was terminated on November 13, 1996. The practice
of cleaning the settling pond in this manner has been
discontinued. A dragline operating from outside the settling
pond will be used.

Citation No. 4529262

Issued on November 13, 1996 under the
provisions of Section 104(a) of the Mine Act for a violation of
30 CFR 56.9300.

On October 29, 1996 at 9:50 a.m. an employee was
fatally injured when the excavator he was operating
slipped into the settling pond that was being cleaned.
The roadway was not provided with adequate berms for
the entire length. Berms were not maintained mid-axle
height of the excavator and haulage trucks using the
roadway. In the area where the excavator slipped into
the settling pond, berms were not provided.

This citation was terminated on November 13, 1996. The
practice of cleaning the settling pond in this manner
has been discontinued. A dragline operating from
outside the settling pond will be used.